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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MOBILE WAREHOUSE (Trade Mark: Opposition) [2000] UKIntelP o30700 (22 August 2000) URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o30700.html Cite as: [2000] UKIntelP o30700 |
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For the whole decision click here: o30700
Result
Sections 3(4) & 3(6), 5(2)(a) & 5(3) - Withdrawn
Section 3(3)(b) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
Summary
At the hearing all the grounds of opposition were withdrawn with the exception of 3(3)(b) and 5(4)(a). As regards 3(3)(b) the Hearing Officer accepted that while the word MOBILE had specific connotations in relation to some of the goods listed in the applicants specification, it is also a well known word with a broader meaning and he therefore doubted that the mark was in any way deceptive in relation to the goods listed. Opposition failed on this ground.
The essential ground of opposition in these proceedings was under Section 5(4)(a) - Passing Off. While the Hearing Officer accepted that identical goods were at issue and that the opponents had a reputation in their mark CARPHONE WAREHOUSE, he took the view that the respective marks are not confusingly similar. In particular he rejected a claim by the opponents that MOBILE and CARPHONE are synonymous and went on to conclude that the opposition failed on this ground.